Key Takeaways

  • Security deposit max: No statutory limit. Landlords may charge any amount..
  • Return deadline: 45 days after the tenancy ends..
  • Rent control: No.
  • Repair and deduct: Not allowed.
No statutory limit. Landlords may charge any amount. Security deposit maximum
45 days after the tenancy ends. Deposit return deadline
No Statewide rent control
Required Judicial eviction

Security Deposits

  • Maximum amountNo statutory limit. Landlords may charge any amount.
  • Return deadline45 days after the tenancy ends.

Landlord may deduct for unpaid rent and damages beyond normal wear and tear. Must provide an itemized statement of deductions within 45 days.

Eviction Process

  • Notice requirements3-day notice for nonpayment of rent. 30-day notice for month-to-month tenancy termination. For lease violations, the notice depends on the terms of the lease.
  • Judicial eviction requiredYes
  • Estimated timeline1 to 4 weeks for uncontested cases through Justice Court.

Rent Control

Mississippi has no rent control laws at any level of government.

Repair and Habitability

  • Repair and deductNot allowed
  • Rent withholdingNot allowed
  • Retaliation protectionNo

Lease Termination

  • Month-to-month notice30 days' written notice by either party.

Tenant may be liable for remaining rent through the lease term. Mississippi does not impose a statutory duty on landlords to mitigate damages. Military members may terminate under the SCRA.

Key Statutes

  • Mississippi Residential Landlord and Tenant Act: Miss. Code Ann. §§ 89-8-1 to 89-8-29
  • Security Deposits: Miss. Code Ann. § 89-8-21
  • Eviction (Forcible Entry and Detainer): Miss. Code Ann. § 89-7-27 et seq.

When to Get Legal Help

  • You're facing eviction, especially with short notice
  • Your landlord is withholding a large security deposit
  • You believe you're being discriminated against
  • Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Mississippi

Frequently Asked Questions

  • Is there a security deposit limit in Mississippi?

    No. Mississippi has no statutory cap on security deposits. The landlord must return the deposit within 45 days after the tenancy ends.

  • Can a tenant withhold rent for repairs in Mississippi?

    No. Mississippi does not provide a statutory repair-and-deduct or rent withholding remedy. Tenants should contact local authorities or pursue court action if the landlord fails to maintain habitable conditions.

  • Does Mississippi have retaliation protections for tenants?

    Mississippi does not have a specific statutory protection against landlord retaliation. Tenants may need to rely on general legal principles.

  • How quickly can a landlord evict for nonpayment in Mississippi?

    A landlord must give a 3-day notice for nonpayment of rent. After the notice period, the landlord can file a complaint in Justice Court. Uncontested cases can proceed relatively quickly.

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